SSB 3008 (LSB 5899XC (1) 91)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON WEBSTER)

A BILL FOR

An Act relating to public safety answering points, including limitations, property tax allocation, service requirements, management, consolidation, transfer of duties from joint 911 service boards to local emergency management commissions, and reporting requirements, and including transfer and effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
PUBLIC SAFETY ANSWERING POINTS

    Section 1.  Section 29C.9, subsection 10, Code 2026, is amended to read as follows:
   10.  The commission shall, if agreed to by a two-thirds majority of the commission and a two-thirds majority of the joint 911 service board, be responsible for the emergency telephone system activities of a joint 911 service board if substituted for a joint 911 service board pursuant to section 34A.3, subsection 4 required under chapter 34A.
    Sec. 2.  Section 29C.9, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  12.  Each local emergency management commission, in addition to duties under this chapter and chapter 34A, shall annually submit to the department the following, which the department shall publish on its internet site:
   a.  A five-year plan identifying anticipated 911 service infrastructure needs, upgrades, and improvements.
   b.  An inventory including all of the following:
   (1)  All agency full-time equivalent positions and associated costs.
   (2)  All equipment owned or used by the agency and associated costs.
   (3)  All structures owned or used by the agency and associated costs.
   (4)  All equipment owned by public safety agencies located within the commission’s jurisdiction, including law enforcement, fire protection, emergency medical services, and the sheriff.
    Sec. 3.  Section 34A.2, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  13A.  “Local emergency management commission” means a local emergency management commission established under section 29C.9, acting pursuant to this chapter.
    Sec. 4.  NEW SECTION.  34A.2B  Public safety answering points —— accessing criminal justice information.
   A public safety answering point that accesses criminal justice information shall comply with the security policy of the federal bureau of investigation’s criminal justice information services and any requirements imposed by the Iowa department of public safety. Each local emergency management commission shall designate the county sheriff as the official responsible for security, training, and compliance in federal and state criminal justice information systems.
    Sec. 5.  Section 34A.3, Code 2026, is amended to read as follows:
   34A.3  Joint 911 service board Local emergency management commission —— 911 service plan —— implementation —— waivers.
   1.  Joint 911 service boards Local emergency management commissions —— plans.
   a.  The board of supervisors of each county shall maintain a joint 911 service board.
   (1)  Each political subdivision of the state having a public safety agency serving territory within the county and each local emergency management agency as defined in section 29C.2 operating within the area is entitled to voting membership on the joint 911 service board. For the purposes of this section, a township that operates a volunteer fire department providing fire protection services to the township, or a city which provides fire protection services through the operation of a volunteer fire department not financed through city government, shall be considered a political subdivision of the state having a public safety agency serving territory within the county. Each private safety agency operating within the area is entitled to nonvoting membership on the board.
   (2)  A township that does not operate its own public safety agency, but contracts for the provision of public safety services, is not entitled to membership on the joint 911 service board, but its contractor is entitled to membership according to the contractor’s status as a public or private safety agency.
   (3)  The sheriff of each county, or the sheriff’s designee, is entitled to voting membership on the joint 911 service board.
   (4)  The chief of police of each city operating a public safety answering point, or the chief of police’s designee, is entitled to voting membership on the joint 911 service board of the county where the city is located.
   b.  a.  (1)  The joint 911 service board local emergency management commission shall maintain a 911 service plan encompassing at minimum the entire county, unless an exemption is granted by the program manager permitting a smaller 911 service area.  Except as otherwise authorized in this paragraph, not more than one public safety answering point shall provide 911 service within a county. This subsection does not apply to a public safety answering point operated by the national guard, any branch of the armed forces of the United States, or the department of public safety.
   (2)  If a city extends into more than one county, the city, the counties, and the local emergency management commissions serving the city shall enter into an agreement to determine how 911 calls originating from the city are allocated to the public safety answering points in the counties where the city is located.
   b.  Public safety answering points providing 911 service within the same county shall at all times maintain communication capabilities with each other and with all public safety agencies within the county, including those providing fire protection, law enforcement, emergency medical services, and the sheriff.
   c.  If a public safety answering point receives and addresses a 911 call originating in an area primarily served by another public safety answering point, the local emergency management commission governing the receiving public safety answering point shall bill the local emergency management commission governing the primary public safety answering point no more than the actual cost of receiving and addressing the call. The payments under this subsection shall be made no later than thirty days after the call is addressed.
   (1)  The program manager may grant a discretionary exemption from the single county minimum service area requirement based upon a joint 911 service board’s or other 911 service plan operating authority’s presentation of evidence which supports the requested exemption if the program manager finds that local conditions make adherence to the minimum standard unreasonable or technically infeasible and that the purposes of this chapter would be furthered by granting an exemption. The minimum size requirement is intended to prevent unnecessary duplication of public safety answering points and minimize other administrative, personnel, and equipment expenses.
   (2)  The program manager may order the inclusion of a specific territory not serviced by surrounding 911 service plan areas in an adjoining 911 service plan area upon request of the joint 911 service board representing the territory to avoid the creation by exclusion of a territory smaller than a single county.
   c.  d.  The A 911 service plan operating authority shall submit proposed changes to the plan to all of the following:
   (1)  The program manager.
   (2)  Public and private safety agencies in the 911 service area.
   (3)  Local exchange service providers affected by the 911 service plan.
   2.  Compliance waivers available in limited circumstances.
   a.  The program manager may extend the time period for plan implementation by issuing a compliance waiver.
   b.  The compliance waiver shall be based upon a joint 911 service board’s local emergency management commission’s presentation of evidence which that supports an extension if the program manager finds that local conditions make implementation financially unreasonable or technically infeasible by the originally scheduled plan of implementation.
   c.  The compliance waiver shall be for a set period of time, and subject to review and renewal or denial of renewal upon its expiration.
   d.  The waiver may cover all or a portion of a 911 service plan’s 911 service area to facilitate phased implementation when possible.
   e.  The granting of a compliance waiver does not create a presumption that the identical or similar waiver will be extended in the future.
   f.  Consideration of compliance waivers shall be on a case-by-case basis.
   3.  Chapter 28E agreement —— alternative to joint 911 service board.
   a.  A legal entity created pursuant to chapter 28E by a county or counties, other political divisions, and public or private agencies to jointly plan, implement, and operate a countywide, or larger, 911 service system may be substituted for the joint 911 service board required under subsection 1. An alternative legal entity created pursuant to chapter 28E as a substitute for a joint 911 service board, as permitted by this subsection, may be created by either:
   (1)  Agreement of the parties entitled to voting membership on a joint 911 service board.
   (2)  Agreement of the members of a joint 911 service board.
   b.  An alternative chapter 28E entity has all of the powers of a joint 911 service board and any additional powers granted by the agreement. As used in this chapter, “joint 911 service board” includes an alternative chapter 28E entity created for that purpose, except as specifically limited by the chapter 28E agreement or unless clearly provided otherwise in this chapter. A chapter 28E agreement related to 911 service shall permit the participation of a private safety agency or other persons allowed to participate in a joint 911 service board, but the terms, scope, and conditions of participation are subject to the chapter 28E agreement.
   4.  Local emergency management commission —— alternative to 911 service board.
   a.  Subject to section 29C.9, subsection 10, a local emergency management commission may be substituted for the joint 911 service board required under subsection 1 by the board of supervisors of the county in which the joint 911 service board is maintained.
   b.  A commission shall have all of the powers of a joint 911 service board if a commission is substituted for the joint 911 service board pursuant to paragraph “a”.
   c.  As used in this chapter, “joint 911 service board” includes a commission if a commission is substituted for the joint 911 service board pursuant to paragraph “a”.
   5.  Participation in joint 911 service board required.  A political subdivision having a public or private safety agency within its territory or jurisdiction shall participate in a joint 911 service board and cooperate in maintaining the 911 service plan.
    Sec. 6.  Section 34A.7, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   When a 911 service plan is implemented, the costs of providing 911 service within a 911 service area are the responsibility of the joint 911 service board local emergency management commission and the member political subdivisions. Costs in excess of the amount raised by imposition of the 911 service surcharge provided for under subsection 1 shall be paid by the joint 911 service board local emergency management commission from such revenue sources allocated among the member political subdivisions as determined by the joint 911 service board local emergency management commission. Funding is not limited to the surcharge, and surcharge revenues may be supplemented by other permissible local and state revenue sources. A joint 911 service board local emergency management commission shall not commit a political subdivision to appropriate property tax revenues to fund a 911 service plan without the consent of the political subdivision. A joint 911 service board local emergency management commission may approve a 911 service plan, including a funding formula requiring appropriations by participating political subdivisions, subject to the approval of the funding formula by each political subdivision. However, a political subdivision may agree in advance to appropriate property tax revenues or other moneys according to a formula or plan developed by an alternative chapter 28E entity.  Property tax revenues appropriated by a political subdivision under the funding formula for the purpose of supporting public safety answering point operations shall be paid only to the local emergency management commission that operates the primary public safety answering point serving the political subdivision.
    Sec. 7.  Section 34A.11, Code 2026, is amended to read as follows:
   34A.11  Communications —— single point-of-contact.
   1.  The joint 911 service board local emergency management commission in each 911 service area shall designate a person to serve as a single point-of-contact to facilitate the communication of needs, issues, or concerns regarding emergency communications, interoperability, and other matters applicable to emergency 911 communications and migration to the next generation 911 network. The person designated as the single point-of-contact shall be responsible for facilitating the communication of such needs, issues, or concerns between public or private safety agencies within the service area, the 911 program manager, the 911 communications council, the statewide interoperable communications system board established in section 80.28, and any other person, entity, or agency the person deems necessary or appropriate. The person designated shall also be responsible for responding to surveys or requests for information applicable to the service area received from a federal, state, or local agency, entity, or board. 
   2.  In the event a joint 911 service board local emergency management commission fails to designate a single point-of-contact by November 1, 2013 2026, the chairperson of the joint 911 service board county sheriff shall serve in that capacity. The 911 service board shall submit the name and contact information for the person designated as the single point-of-contact to the 911 program manager by January 1 annually.
   3.  The provisions of this section shall be equally applicable to an alternative legal entity created pursuant to chapter 28E if such an entity is established as an alternative to a joint 911 service board as provided in section 34A.3. If such an entity is established, the governing body of that entity shall designate the single point-of-contact for the entity, and the chairperson or representative official of the governing body shall serve in the event a single point-of-contact is not designated.
    Sec. 8.  COUNTY CONSOLIDATION —— TRANSFERS —— IMPLEMENTATION DEADLINE.
   1.  Each county, each city located within the county, each joint 911 service board existing on the effective date of this Act, and each local emergency management commission shall execute a written agreement indicating their intent to reform or consolidate and describing the manner in which the consolidation will occur under this Act.
   2.  The agreement shall include, when applicable, the transfer of all existing funds, debts, and obligations of joint 911 service boards to the local emergency management commission, a timeline for completion of the consolidation, and any decision concerning existing multicounty agreements. An employee employed by a public safety answering point that is discontinued due to consolidation under this section shall be given a hiring preference for one year following the employee’s last date of employment with the public safety answering point for any similar position with another public safety answering point in Iowa. This subsection shall not be construed to supersede any collective bargaining agreements.
   3.  The agreement shall be submitted to the department of homeland security and emergency management, which shall publish all agreements on its internet site.
   4.  A total of ninety-nine agreements, one per county, shall be executed.
   5.  If a county is in an agreement, as of the effective date of this Act, to either enter into a joint 911 service board under section 34A.3, subsection 3, Code 2026, or other allowable agreement method, or a joint local emergency management commission under section 29C.9, subsection 11, Code 2026, or other allowable agreement method, shall determine with the other counties the county is in current agreements with to either disband entirely or continue in an agreement to consolidate local emergency management commission functions and joint 911 service board functions under a single regionalized local emergency management commission.
   6.  All funds, debts, contract rights, and obligations of each joint 911 service board shall transfer to the local emergency management commission upon the effective date of the agreement executed under this section.
   7.  Agreements required under this section shall be submitted to the department of homeland security and emergency management no later than July 1, 2027.
   8.  All transfers and consolidations required under this Act shall be completed no later than July 1, 2030.
    Sec. 9.  EFFECTIVE DATE.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
DIVISION II
CONFORMING CHANGES

    Sec. 10.  Section 16.161, Code 2026, is amended to read as follows:
   16.161  Authority to issue 911 program bonds and notes.
   1.  The authority shall assist the program manager, appointed pursuant to section 34A.2A, as provided in chapter 34A, subchapter II, and the authority shall have all of the powers delegated to it by a joint 911 service board local emergency management commission or the department of public defense in a chapter 28E agreement with respect to the issuance and securing of bonds or notes and the carrying out of the purposes of chapter 34A.
   2.  The authority shall provide a mechanism for the pooling of funds of two or more joint 911 service boards local emergency management commissions to be used for the joint purchasing of necessary equipment and reimbursement of land-line and wireless service providers’ costs for upgrades necessary to provide 911 service. When two or more joint 911 service boards local emergency management commissions have agreed to pool funds for the purpose of purchasing necessary equipment to be used in providing 911 service, the authority shall issue bonds and notes as provided in sections 34A.20 through 34A.22.
    Sec. 11.  Section 34A.2, subsection 5, paragraph d, subparagraph (1), unnumbered paragraph 1, Code 2026, is amended to read as follows:
   A statement of estimated costs to be incurred by the joint 911 service board local emergency management commission or the department of public safety, including separate estimates of the following:
    Sec. 12.  Section 34A.7, subsection 1, paragraph b, subparagraph (1), Code 2026, is amended to read as follows:
   (1)  The program manager shall notify a local exchange service provider scheduled to provide exchange access line service to a 911 service area that implementation of a 911 service plan has been approved by the joint 911 service board local emergency management commission and that collection of the surcharge is to begin within sixty days.
    Sec. 13.  Section 34A.7, subsection 2, paragraph a, Code 2026, is amended to read as follows:
   a.  The surcharge shall be collected as part of the access line service provider’s periodic billing to a subscriber. In compensation for the costs of billing and collection, the local exchange service provider may retain one percent of the gross surcharges collected. If the compensation is insufficient to fully recover a local exchange service provider’s costs for billing and collection of the surcharge, the deficiency shall be included in the local exchange service provider’s costs for ratemaking purposes to the extent it is reasonable and just under section 476.6. The surcharge shall be remitted to the joint 911 service board local emergency management commission for deposit into the 911 service fund quarterly by the local exchange service provider. The total amount for multiple exchanges may be combined.
    Sec. 14.  Section 34A.7, subsection 2, paragraph c, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   The joint 911 service board local emergency management commission may request, not more than once each quarter, the following information from the local exchange service provider:
    Sec. 15.  Section 34A.7, subsection 4, Code 2026, is amended to read as follows:
   4.  911 service fund.  Each joint 911 service board local emergency management commission shall establish and maintain as a separate account a 911 service fund. Any funds remaining in the account at the end of each fiscal year shall not revert to the general funds of the member political subdivisions, except as provided in subsection 5, but shall remain in the 911 service fund. Moneys in a 911 service fund may only be used for nonrecurring and recurring costs of the 911 service plan as approved by the program manager, as those terms are defined by section 34A.2.
    Sec. 16.  Section 34A.7, subsection 5, paragraph a, Code 2026, is amended to read as follows:
   a.  Moneys deposited in a 911 service fund shall be used for the repayment of any bonds issued for the benefit of or loan made to the joint 911 service board local emergency management commission pursuant to sections 34A.20 through 34A.22, and as long as any such bond or loan remains unpaid the surcharge shall not be reduced or eliminated. Moneys deposited in the fund shall be subject to such terms and conditions as may be contained in the relevant bond documents, trust indenture, resolution, loan agreement, or other instrument pursuant to which bonds are issued or a loan is made, without regard to any limitation otherwise provided by law. 
    Sec. 17.  Section 34A.7A, subsection 2, paragraph b, subparagraph (1), Code 2026, is amended to read as follows:
   (1)  The program manager shall allocate to each joint 911 service board local emergency management commission and to the department of public safety a minimum of one thousand dollars per calendar quarter for each public safety answering point within the service area of the department of public safety or joint 911 service board local emergency management commission.
    Sec. 18.  Section 34A.7A, subsection 2, paragraph b, subparagraph (2), subparagraph division (c), Code 2026, is amended to read as follows:
   (c)  Notwithstanding subparagraph divisions (a) and (b), the minimum amount allocated to each joint 911 service board local emergency management commission and to the department of public safety shall be no less than one thousand dollars for each public safety answering point within the service area of the department of public safety or joint 911 service board local emergency management commission.
    Sec. 19.  Section 34A.7A, subsection 2, paragraph d, subparagraph (2), Code 2026, is amended to read as follows:
   (2)  The program manager may also provide grants to joint 911 service boards local emergency management commissions and the department of public safety for the purpose of developing and maintaining GIS data to be used in support of the next generation 911 network. The program manager shall provide guidelines, application forms, and notice of the availability of such grants on the department’s internet site.
    Sec. 20.  Section 34A.7A, subsection 2, paragraph g, Code 2026, is amended to read as follows:
   g.  The director, in consultation with the program manager and the 911 communications council, shall adopt rules pursuant to chapter 17A governing the distribution of the surcharge collected and distributed pursuant to this subsection. The rules shall include provisions that all joint 911 service boards local emergency management commissions and the department of public safety which that answer or service wireless 911 calls are eligible to receive an equitable portion of the receipts.
    Sec. 21.  Section 34A.7A, subsection 5, paragraphs a and c, Code 2026, are amended to read as follows:
   a.  The program manager, in consultation with the 911 communications council and the auditor of state, shall establish a methodology for determining and collecting public safety answering point cost and expense data through the county joint 911 service boards local emergency management commissions. The methodology shall include the collection of data for direct costs and expenses related to the operation of a public safety answering point and account for the extent to which identified costs and expenses are compensated for or addressed through 911 surcharges versus other sources of funding. 
   c.  A county joint 911 service board which local emergency management commission that fails to submit expenses and costs pursuant to the methodology developed pursuant to paragraph “a” by March 31 of each year shall be allocated sixty-five cents out of the one dollar 911 emergency communications service surcharge until March 31 of the following year. Remaining funds shall be held in the carryover operating surplus fund until the expenses and cost report is submitted by the county joint 911 service board local emergency management commission. If the county joint 911 service board local emergency management commission submits the expense and cost report before March 30 of the following year, the set aside funds shall be provided to the county joint 911 service board local emergency management commission. If the county joint 911 service board local emergency management commission fails to submit the expense and cost report within one year, funds shall revert to the carryover operating surplus fund and be used in accordance with subsection 2, paragraph “f”.
    Sec. 22.  Section 34A.8, subsection 2, paragraph b, Code 2026, is amended to read as follows:
   b.  The director, program manager, joint 911 service board, local emergency management commission established pursuant to section 29C.9, the designated next generation 911 network service provider, and the public safety answering point, and their agents, employees, and assigns, shall use local exchange service information provided by the local exchange service provider solely for the purposes of providing 911 emergency telephone service or providing related mass notification and emergency messaging services as described in section 29C.17A utilizing only the subscriber’s information, and local exchange service information shall otherwise be kept confidential. A person who violates this paragraph is guilty of a simple misdemeanor.
    Sec. 23.  Section 34A.12, Code 2026, is amended to read as follows:
   34A.12  Delivery of 911 calls —— reimbursement.
   The program manager may request reimbursement from each joint 911 service board local emergency management commission for reasonable costs under section 34A.7A related to the delivery of 911 call traffic to public safety answering points. Upon request, each joint 911 service board local emergency management commission shall reimburse the department of homeland security and emergency management for such costs within thirty days.
    Sec. 24.  Section 34A.21, subsection 1, paragraph c, Code 2026, is amended to read as follows:
   c.  The amounts on deposit in the 911 service fund of a joint 911 service board local emergency management commission, including, but not limited to revenues from a local option 911 service surcharge.
    Sec. 25.  EFFECTIVE DATE.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to public safety answering points, including setting limitations, property tax allocation, service requirements, management, consolidation, transfer of duties from joint 911 service boards to local emergency management commissions, and reporting requirements.
   DIVISION I —— PUBLIC SAFETY ANSWERING POINTS. The bill authorizes the Iowa finance authority to exercise the same bonding and fund-pooling powers when delegated by a local emergency management commission as currently allowed when delegated by a joint 911 service board.
   The bill requires each local emergency management commission to annually submit to the department of homeland security and emergency management (department) a five-year plan addressing anticipated 911 service infrastructure needs and an inventory of personnel, equipment, structures, and public safety agency equipment within the commission’s jurisdiction. The department must publish this information on its internet site.
   The bill requires each public safety answering point that accesses criminal justice information to comply with the security policy of the federal bureau of investigation’s criminal justice information services and any requirements imposed by the Iowa department of public safety. The bill provides that each local emergency management commission must designate the county sheriff as the official responsible for security, training, and compliance in federal and state criminal justice information systems.
   The bill requires a local emergency management commission to maintain a countywide 911 service plan unless an exemption is granted. The bill limits each county to not more than one PSAP, with exceptions relating to certain cities and for PSAPs operated by the national guard, any branch of the armed forces of the United States, or the department of public safety.
   The bill requires a city located in more than one county to enter into an agreement with the counties and the local emergency management commissions serving the city to determine how 911 calls originating from the city are allocated to the public safety answering points in the counties where the city is located.
   The bill requires all PSAPs within a county to maintain communications capabilities with each other and all public safety agencies in the county. If a PSAP receives and addresses a 911 call originating in another PSAP’s primary service area, the receiving PSAP’s governing commission may bill the primary PSAP’s governing commission for no more than the actual cost of receiving and addressing the call, payable within 30 days.
   The bill provides that the local emergency management commission and its member political subdivisions are responsible for the costs of providing 911 service. The bill directs property tax revenues to support PSAP operations to be paid only to the commission that operates the primary PSAP serving the political subdivision.
   Under current law, joint 911 service boards have numerous duties, powers, and responsibilities concerning 911 services. The bill requires local emergency management commissions to take over the current joint 911 service boards’ responsibilities, including the maintenance of a 911 service plan, strikes provisions concerning formation of joint 911 service boards, waivers, and alternatives to joint 911 service boards, and makes certain conforming changes to signify this transfer.
   The bill continues existing requirements that PSAP cost and expense data be submitted annually to the program manager, and applies the statutory allocation reductions and reversion consequences to a commission that fails to timely submit required information.
   The bill requires each commission to designate a single point of contact for issues relating to emergency communications, interoperability, and migration to the next generation 911 network. If a commission fails to designate a point of contact, the county sheriff serves in that capacity.
   The bill requires each county, each city within the county, each joint 911 service board, and each local emergency management commission to execute a written agreement describing the manner in which consolidation or reformation under the bill will occur. The agreement must include provisions for transferring funds, debts, and obligations, set a timeline for completion, and address existing multicounty agreements. The bill provides that an employee employed by a public safety answering point that is discontinued due to consolidation must be given a hiring preference for one year following the employee’s last date of employment with the public safety answering point for any similar position with another public safety answering point in Iowa.
   The bill requires the transfer of all funds, debts, contract rights, and obligations of each joint 911 service board to the appropriate commission upon the effective date of the county agreement.
   Required consolidation agreements must be submitted to the department no later than July 1, 2027, and all transfers and consolidations must be completed no later than July 1, 2030.
   Division I of the bill takes effect upon enactment.
   DIVISION II —— CONFORMING CHANGES. The bill makes conforming changes, in addition to the changes made in division I of the bill, to signify local emergency management commissions taking over the duties, powers, and responsibilities of joint 911 service boards.
   Division II of the bill takes effect upon enactment.